2017-2018 Bill 276: Direct Primary Care Agreement - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 S. 276 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator Bryant 10 Document Path: l:\s-res\klb\001dire.eb.klb.docx 11 Companion/Similar bill(s): 3546, 4643 12 13 Introduced in the Senate on January 24, 2017 14 Currently residing in the Senate Committee on Banking and Insurance 15 16 Summary: Direct primary care agreement 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 1/24/2017 Senate Introduced and read first time ( Senate Journalpage 12) 23 1/24/2017 Senate Referred to Committee on Banking and Insurance ( Senate Journalpage 12) 24 25 View the latest legislative information at the website 26 27 28 VERSIONS OF THIS BILL 29 30 1/24/2017 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND CHAPTER 61, TITLE 38 OF THE 1976 CODE, 12 RELATING TO INSURANCE CONTRACTS GENERALLY, BY 13 ADDING SECTION 38-61-80 SO AS TO ESTABLISH THAT A 14 DIRECT PRIMARY CARE AGREEMENT IS NOT A 15 CONTRACT OF INSURANCE AND NOT SUBJECT TO 16 REGULATION BY THE DEPARTMENT OF INSURANCE, 17 AND TO DEFINE THE TERM DIRECT PRIMARY CARE 18 AGREEMENT. 19 20 Be it enacted by the General Assembly of the State of South 21 Carolina: 22 23 SECTION 1. Chapter 61, Title 38 of the 1976 Code is amended 24 by adding: 25 26 “Section 38-61-80. (A) A direct primary care agreement is not a 27 contract of insurance in this State and is not subject to regulation 28 by the Department of Insurance. 29 (B) For the purposes of this section, a ‘direct primary care 30 agreement’ means a written agreement between a patient or his 31 legal representative and a health care provider that: 32 (1) allows either party to terminate the agreement in writing, 33 without penalty or payment of a termination fee, at any time or 34 after a notice period specified in the agreement not to exceed sixty 35 days; 36 (2) describes the health care services to be provided in 37 exchange for payment of a periodic fee; 38 (3) specifies the amount of the periodic fee and any 39 additional fees to be paid; 40 (4) specifies who is responsible for paying the periodic fee, 41 whether it is the patient, his legal representative, or a named third 42 party;

[276] 2 1 (5) prohibits the provider from charging or receiving 2 additional compensation for health care services included in the 3 periodic fee; and 4 (6) conspicuously and prominently states that the agreement 5 is not health insurance and does not meet any individual health 6 insurance mandates required by federal law.” 7 8 SECTION 2. This act takes effect upon approval by the 9 Governor. 10 XX 11

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